Estate of Dunphy

The plaintiff is the daughter and one •of the heirs at law of William Dunphy, deceased; the other heirs of said deceased are the defendants, Carmen 0. Dunphy, his surviving wife; Jennie C. Dunphy, another ■daughter; James C. Dunphy, a son; and Viola Piercy, a minor child of a deceased daughter of said decedent. The defendant, Jennie C. Dunphy, is guardian of said Viola. This action was brought by plaintiff under section 1664 of the Code of Civil Procedure, for the purpose of having the rights of all persons claiming heirship, ownership, or interest in the estate of said deceased judicially ascertained and determined. The judgment of the superior court was adverse to plaintiff; and from the judgment and an order denying her motion for a new trial she appeals. The deceased left a will by which he created, or attempted to create, a trust. Appellant contends that this trust is void for reasons assigned; respondents contend that it is valid; the decision of the court was that the trust is valid; and the main issue in the case is whether or not that decision is right.

By the will a few bequests are given to some religious and •charitable societies which need not be considered; and the…